4
Under the existing and generally difficult circumstances of the economy, which
influence the Court’s deliberations and its adoption of a specific methodology, it
would be difficult for an individual to reserve for himself this 25 per cent of his
earnings and give the remainder to his next of kin. The low wages received by most
individuals, particularly in the social sector to which the victims of human rights
violations usually belong in the cases under the jurisdiction of the Inter-American
Court, rarely allow a distribution of this nature.
The person on whom the family economy depends is unable to exist on 25 per cent
of his income, and the remaining 75 per cent would normally be insufficient to satisfy
the family’s needs. In brief, the evaluation on these concepts should depend on
other more specific and realistic criteria and thus be adequately individualized.
Evidently, the difficulties posed by the calculation of these extremes will often
determine that the amount is established on the grounds of fairness, as has been
done in the judgment to which this opinion refers.
Sergio García-Ramírez
Judge
Manuel E. Ventura-Robles
Secretary